Full Text of HB4889 100th General Assembly
HB4889ham001 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 3/21/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4889
| 2 | | AMENDMENT NO. ______. Amend House Bill 4889 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 7-10 and 10-5 as follows:
| 6 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 7 | | Sec. 7-10. Form of petition for nomination. The name of no | 8 | | candidate for
nomination, or State central committeeman, or | 9 | | township committeeman, or
precinct committeeman, or ward | 10 | | committeeman or candidate for delegate or
alternate delegate to | 11 | | national nominating conventions, shall be printed
upon the | 12 | | primary ballot unless a petition for nomination has been filed | 13 | | in
his behalf as provided in this Article in substantially the | 14 | | following form:
| 15 | | We, the undersigned, members of and affiliated with the | 16 | | .... party
and qualified primary electors of the .... party, in |
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| 1 | | the .... of ....,
in the county of .... and State of Illinois, | 2 | | do hereby petition that
the following named person or persons | 3 | | shall be a candidate or candidates
of the .... party for the | 4 | | nomination for (or in case of committeemen for
election to) the | 5 | | office or offices hereinafter specified, to be voted
for at the | 6 | | primary election to be held on (insert date).
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7 | | Name |
Office |
Address |
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8 | | John Jones |
Governor |
Belvidere, Ill. |
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9 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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10 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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11 | | Name.................. Address.......................
| 12 | | State of Illinois)
| 13 | | ) ss.
| 14 | | County of........)
| 15 | | I, ...., do hereby certify
that I reside at No. .... | 16 | | street, in the .... of ...., county of ....,
and State of | 17 | | ....., that I am 18 years of age or older, that
I am a citizen | 18 | | of the United States, and that the signatures on this sheet
| 19 | | were signed
in my presence, and are genuine, and that to the | 20 | | best of my knowledge
and belief the persons so signing were at | 21 | | the time of signing the
petitions qualified voters of the .... | 22 | | party, and that their respective
residences are correctly | 23 | | stated, as above set forth.
| 24 | | .........................
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| 1 | | Subscribed and sworn to before me on (insert date).
| 2 | | .........................
| 3 | | Each sheet of the petition other than the statement of | 4 | | candidacy and
candidate's statement shall be of uniform size | 5 | | and shall contain above
the space for signatures an appropriate | 6 | | heading giving the information
as to name of candidate or | 7 | | candidates, in whose behalf such petition is
signed; the | 8 | | office, the political party represented and place of
residence; | 9 | | and the heading of each sheet shall be the same.
| 10 | | Such petition shall be signed by qualified primary electors | 11 | | residing
in the political division for which the nomination is | 12 | | sought in their
own proper persons only and opposite the | 13 | | signature of each signer, his
residence address shall be | 14 | | written or printed. The residence address
required to be | 15 | | written or printed opposite each qualified primary elector's
| 16 | | name shall include the street address or rural route number of | 17 | | the signer,
as the case may be, as well as the signer's county, | 18 | | and city, village or
town, and state.
However the county or | 19 | | city, village or town, and state of residence of
the electors | 20 | | may be printed on the petition forms where all of the
electors | 21 | | signing the petition reside in the same county or city, village
| 22 | | or town, and state. Standard abbreviations may be used in | 23 | | writing the
residence address, including street number, if any. | 24 | | At the bottom of
each sheet of such petition shall be added a | 25 | | circulator statement signed by
a person 18 years of age or |
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| 1 | | older who is a citizen of the United States,
stating the street | 2 | | address or rural route number, as the case may be, as well
as | 3 | | the county, city, village or town, and state;
and certifying | 4 | | that the signatures on that sheet of the petition were signed | 5 | | in
his or her presence and certifying that the signatures are | 6 | | genuine; and
either (1) indicating the dates on which that | 7 | | sheet was circulated, or (2)
indicating the first and last | 8 | | dates on which the sheet was circulated, or (3)
certifying that | 9 | | none of the signatures on the sheet were signed more than 90
| 10 | | days preceding the last day for the filing of the petition and | 11 | | certifying that
to the best of his or her knowledge and belief | 12 | | the persons so signing were at
the time of signing the | 13 | | petitions qualified voters of the political party for
which a | 14 | | nomination is sought. Such statement shall be sworn to before | 15 | | some
officer authorized to administer oaths in this State.
| 16 | | No petition sheet shall be circulated more than 90 days | 17 | | preceding the
last day provided in Section 7-12 for the filing | 18 | | of such petition.
| 19 | | The person circulating the petition, or the candidate on | 20 | | whose behalf the
petition is circulated, may strike any | 21 | | signature from the petition,
provided that:
| 22 | | (1) the person striking the signature shall initial the | 23 | | petition at
the place where the signature is struck; and
| 24 | | (2) the person striking the signature shall sign a | 25 | | certification
listing the page number and line number of | 26 | | each signature struck from
the petition. Such |
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| 1 | | certification shall be filed as a part of the petition.
| 2 | | Such sheets before being filed shall be neatly fastened | 3 | | together in
book form, by placing the sheets in a pile and | 4 | | fastening them together
at one edge in a secure and suitable | 5 | | manner, and the sheets shall then
be numbered consecutively. | 6 | | The sheets shall not be fastened by pasting
them together end | 7 | | to end, so as to form a continuous strip or roll. All
petition | 8 | | sheets which are filed with the proper local election | 9 | | officials,
election authorities or the State Board of Elections | 10 | | shall be the original
sheets which have been signed by the | 11 | | voters and by the circulator thereof,
and not photocopies or | 12 | | duplicates of such sheets. Each petition must include
as a part | 13 | | thereof, a statement of candidacy for each of the candidates | 14 | | filing,
or in whose behalf the petition is filed. This | 15 | | statement shall set out the
address of such candidate, the | 16 | | office for which he is a candidate, shall state
that the | 17 | | candidate is a qualified primary voter of the party to which | 18 | | the
petition relates and is qualified for the office specified | 19 | | (in the case of a
candidate for State's Attorney it shall state | 20 | | that the candidate is at the time
of filing such statement a | 21 | | licensed attorney-at-law of this State), shall state
that he | 22 | | has filed (or will file before the close of the petition filing | 23 | | period)
a statement of economic interests as required by the | 24 | | Illinois Governmental
Ethics Act, shall request that the | 25 | | candidate's name be placed upon the official
ballot, and shall | 26 | | be subscribed and sworn to by such candidate before some
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| 1 | | officer authorized to take acknowledgment of deeds in the State | 2 | | and shall be in
substantially the following form:
| 3 | | Statement of Candidacy
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4 | | Name |
Address |
Office |
District |
Party |
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5 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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6 | | |
Belvidere, |
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7 | | |
Illinois |
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8 | | State of Illinois)
| 9 | | ) ss.
| 10 | | County of .......)
| 11 | | I, ...., being first duly sworn, say that I reside at .... | 12 | | Street in the city
(or village) of ...., in the county of ...., | 13 | | State of Illinois; that I
am a qualified voter therein and am a | 14 | | qualified primary voter of the ....
party; that I am a | 15 | | candidate for nomination (for election in the case of
| 16 | | committeeman and delegates and alternate delegates) to the | 17 | | office of ....
to be voted upon at the primary election to be | 18 | | held on (insert date); that I have not exceeded any limitation | 19 | | on the number of terms I may serve for this office; that I am
| 20 | | legally qualified (including
being the holder of any license | 21 | | that may be an eligibility requirement
for the office I seek | 22 | | the nomination for) to hold such office and that I
have filed | 23 | | (or I will file before the close of the petition filing period)
| 24 | | a statement of economic interests as required by the Illinois
| 25 | | Governmental Ethics Act and I hereby request that my name be |
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| 1 | | printed
upon the official primary ballot for nomination for (or | 2 | | election to in
the case of committeemen and delegates and | 3 | | alternate delegates) such
office.
| 4 | | Signed ......................
| 5 | | Subscribed and sworn to (or affirmed) before me by ...., | 6 | | who is to me
personally known, on (insert date).
| 7 | | Signed ....................
| 8 | | (Official Character)
| 9 | | (Seal, if officer has one.)
| 10 | | The petitions, when filed, shall not be withdrawn or added | 11 | | to, and no
signatures shall be revoked except by revocation | 12 | | filed in writing with
the State Board of Elections, election | 13 | | authority or local election
official with whom the petition is | 14 | | required to be filed, and before the
filing of such petition. | 15 | | Whoever forges the name of a signer upon any
petition required | 16 | | by this Article is deemed guilty of a forgery and on
conviction | 17 | | thereof shall be punished accordingly.
| 18 | | A candidate for the offices listed in this Section must | 19 | | obtain the number
of signatures specified in this Section on | 20 | | his or her petition for nomination.
| 21 | | (a) Statewide office or delegate to a national nominating | 22 | | convention. If a
candidate seeks to run for statewide office or | 23 | | as a delegate or alternate
delegate to a national nominating | 24 | | convention elected from the State at-large,
then the | 25 | | candidate's petition for nomination must contain at least 5,000 |
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| 1 | | but
not more than 10,000 signatures.
| 2 | | (b) Congressional office or congressional delegate to a | 3 | | national nominating
convention. If a candidate seeks to run for | 4 | | United States Congress or as a
congressional delegate or | 5 | | alternate congressional delegate to a national
nominating | 6 | | convention elected from a congressional district, then the
| 7 | | candidate's petition for nomination must contain at least the | 8 | | number of
signatures equal to 0.5% of the qualified primary | 9 | | electors of his or her party
in his or her congressional | 10 | | district. In the first primary election following a
| 11 | | redistricting of congressional districts, a candidate's | 12 | | petition for nomination
must contain at least 600 signatures of | 13 | | qualified primary electors of the
candidate's political party | 14 | | in his or her congressional district.
| 15 | | (c) County office. If a candidate seeks to run for any | 16 | | countywide office,
including but not limited to county board | 17 | | chairperson or county board
member, elected on an at-large | 18 | | basis, in a county other than Cook County,
then the candidate's | 19 | | petition for nomination must contain at least the number
of | 20 | | signatures equal to 0.5% of the qualified electors of his or | 21 | | her party who
cast votes at the last preceding general election | 22 | | in his or her county. If a
candidate
seeks to run for county | 23 | | board member elected from a county board district, then
the | 24 | | candidate's petition for nomination must contain at least the | 25 | | number of
signatures equal to 0.5% of the qualified primary | 26 | | electors of his or her party
in the
county board district. In |
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| 1 | | the first primary election following a redistricting
of county | 2 | | board districts or the initial establishment of county board
| 3 | | districts, a candidate's petition for nomination must contain | 4 | | at least the
number of signatures equal to 0.5% of the | 5 | | qualified electors of his or her
party
in the entire county who | 6 | | cast votes at the last preceding general election
divided by | 7 | | the
total number of county board districts comprising the | 8 | | county board; provided
that
in no event shall the number of | 9 | | signatures be less than 25.
| 10 | | (d) County office; Cook County only.
| 11 | | (1) If a candidate seeks to run for countywide office | 12 | | in Cook County,
then the candidate's petition for | 13 | | nomination must contain at least the number
of signatures | 14 | | equal to 0.5% of the qualified electors of his or her party | 15 | | who
cast votes at the last preceding general election in | 16 | | Cook County.
| 17 | | (2) If a candidate seeks to run for Cook County Board | 18 | | Commissioner,
then the candidate's petition for nomination | 19 | | must contain at least the number
of signatures equal to | 20 | | 0.5% of
the qualified primary electors of his or her party | 21 | | in his or her county board
district. In the first primary | 22 | | election following a redistricting of Cook
County Board of | 23 | | Commissioners districts, a candidate's petition for
| 24 | | nomination must contain at least the number of signatures | 25 | | equal to 0.5% of
the qualified electors of his or her party | 26 | | in the entire county who cast votes
at the last
preceding |
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| 1 | | general election divided by the total number of county | 2 | | board
districts comprising the county board; provided that | 3 | | in no event shall the
number of signatures be less than 25.
| 4 | | (3) If a candidate seeks to run for Cook County Board | 5 | | of Review
Commissioner, which is elected from a district | 6 | | pursuant to subsection (c)
of Section 5-5 of the Property | 7 | | Tax Code, then the candidate's petition for
nomination must | 8 | | contain at least the number of signatures equal to 0.5% of
| 9 | | the total number of registered voters in his or her board | 10 | | of
review district in the last general election at which a | 11 | | commissioner was
regularly scheduled to be elected from | 12 | | that board of review district. In no
event shall the number | 13 | | of signatures required be greater than the requisite
number | 14 | | for a candidate who seeks countywide office in Cook County
| 15 | | under subsection (d)(1) of this Section. In the first | 16 | | primary election
following a redistricting of Cook County | 17 | | Board of Review districts, a
candidate's petition for | 18 | | nomination must contain at least 4,000 signatures
or at | 19 | | least the number of signatures required for a countywide | 20 | | candidate in
Cook County, whichever is less,
of the | 21 | | qualified electors of his or her party in the district.
| 22 | | (e) Municipal or township office. If a candidate seeks to | 23 | | run for municipal
or township office, then the candidate's | 24 | | petition for nomination must contain
at least the number of | 25 | | signatures equal to 0.5% of the qualified primary
electors of | 26 | | his or her party in the municipality or township. If a |
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| 1 | | candidate
seeks to run for alderman of a municipality, then the | 2 | | candidate's petition for
nomination must contain at least the | 3 | | number of signatures equal to 0.5% of the
qualified primary | 4 | | electors of his or her party of the ward. In the first
primary | 5 | | election following redistricting of aldermanic wards or | 6 | | trustee
districts of a municipality or the initial | 7 | | establishment of wards or districts,
a candidate's petition for | 8 | | nomination must contain the number of signatures
equal to at | 9 | | least 0.5% of the total number of votes cast for the candidate | 10 | | of
that political party who received the highest number of | 11 | | votes in the entire
municipality at the last regular election | 12 | | at which an officer was regularly
scheduled to be elected from
| 13 | | the entire municipality, divided by the number of wards or | 14 | | districts. In no
event shall the number of signatures be less | 15 | | than 25.
| 16 | | (f) State central committeeperson. If a candidate seeks to | 17 | | run for State
central committeeperson, then the candidate's | 18 | | petition for nomination must
contain at least 100 signatures of | 19 | | the primary electors of his or her party of
his or
her | 20 | | congressional district.
| 21 | | (g) Sanitary district trustee. If a candidate seeks to run | 22 | | for trustee of a
sanitary district in which trustees are not | 23 | | elected from wards, then the
candidate's petition for | 24 | | nomination must contain at least the number of
signatures equal | 25 | | to 0.5% of the primary electors of his or her party from the
| 26 | | sanitary district. If a candidate seeks to run for trustee
of a |
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| 1 | | sanitary district in which trustees are elected from wards, | 2 | | then the
candidate's petition for
nomination must contain at | 3 | | least the number of signatures equal to 0.5% of the
primary | 4 | | electors of his or her party in the ward of that sanitary | 5 | | district. In
the
first primary election following | 6 | | redistricting of sanitary districts elected
from wards, a | 7 | | candidate's petition for nomination must contain at least the
| 8 | | signatures of 150 qualified primary electors of his or her ward | 9 | | of that
sanitary district.
| 10 | | (h) Judicial office. If a candidate seeks to run for | 11 | | judicial office in a district, then the candidate's petition | 12 | | for nomination must contain the number of signatures equal to | 13 | | 0.4% of the number of votes cast in that district for the | 14 | | candidate for his or her political party for the office of | 15 | | Governor at the last general election at which a Governor was | 16 | | elected, but in no event less than 500 signatures. If a | 17 | | candidate seeks to run for judicial office in a
circuit or | 18 | | subcircuit, then the candidate's petition for nomination
must | 19 | | contain the number of signatures equal to 0.25% of the number | 20 | | of votes
cast for the judicial candidate of his or her | 21 | | political party who received the
highest number of votes
at the | 22 | | last general election at which a judicial
officer from the same | 23 | | circuit or subcircuit was regularly scheduled
to be elected, | 24 | | but in no event less than 1,000 signatures in circuits and | 25 | | subcircuits located in the First Judicial District or 500 | 26 | | signatures in every other Judicial District.
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| 1 | | (i) Precinct, ward, and township committeeperson. If a | 2 | | candidate seeks to
run for precinct committeeperson, then the | 3 | | candidate's petition for nomination
must contain at least 10 | 4 | | signatures of the primary electors of his or her
party for the | 5 | | precinct. If a candidate seeks to run for ward committeeperson,
| 6 | | then the candidate's petition for nomination must contain no | 7 | | less than the
number of signatures equal to 10% of the primary | 8 | | electors of his or her party
of the ward, but no more than 16% | 9 | | of those same electors; provided that the
maximum number of | 10 | | signatures may be 50 more than the minimum number, whichever
is | 11 | | greater. If a candidate seeks to run for township | 12 | | committeeperson, then the
candidate's petition for nomination | 13 | | must contain no less than the number of
signatures equal to 5% | 14 | | of the primary electors of his or her party of the
township, | 15 | | but no more than 8% of those same electors;
provided that the | 16 | | maximum number of signatures may be 50 more than the
minimum | 17 | | number, whichever is greater.
| 18 | | (j) State's attorney or regional superintendent of schools | 19 | | for multiple
counties. If
a candidate seeks to run for State's | 20 | | attorney or regional Superintendent of
Schools who serves more | 21 | | than one county, then the candidate's petition for
nomination | 22 | | must contain at least the number of signatures equal to 0.5% of | 23 | | the
primary electors of his or her party in the territory | 24 | | comprising the counties.
| 25 | | (k) Any other office. If a candidate seeks any other | 26 | | office, then the
candidate's petition for nomination must |
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| 1 | | contain at least the number of
signatures equal to 0.5% of the | 2 | | registered voters of the political subdivision,
district, or | 3 | | division for which the nomination is made or 25 signatures,
| 4 | | whichever is greater.
| 5 | | For purposes of this Section the number of primary electors | 6 | | shall be
determined by taking the total vote cast, in the | 7 | | applicable district, for the
candidate for that political party | 8 | | who received the highest number of votes,
statewide, at the | 9 | | last general election in the State at which electors for
| 10 | | President of the United States were elected. For political | 11 | | subdivisions, the
number of primary electors shall be | 12 | | determined by taking the total vote
cast for the candidate for | 13 | | that political party who received the highest number
of votes | 14 | | in the political subdivision at the last regular election at | 15 | | which an
officer was regularly scheduled to be elected from | 16 | | that subdivision. For wards
or districts of political | 17 | | subdivisions, the number of primary electors shall be
| 18 | | determined by taking the total vote cast for the candidate for | 19 | | that political
party who received the highest number of votes | 20 | | in the ward or district at the
last regular election at which | 21 | | an officer was regularly scheduled to be elected
from that ward | 22 | | or district.
| 23 | | A "qualified primary elector" of a party may not
sign | 24 | | petitions for or be a candidate in the primary of more than
one | 25 | | party.
| 26 | | The changes made to this Section of this amendatory Act of |
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| 1 | | the 93rd General
Assembly are declarative of existing law, | 2 | | except for item (3) of subsection
(d).
| 3 | | Petitions of candidates for nomination for offices herein | 4 | | specified,
to be filed with the same officer, may contain the | 5 | | names of 2 or more
candidates of the same political party for | 6 | | the same or different
offices. In the case of the offices of | 7 | | Governor and Lieutenant Governor, a joint petition including | 8 | | one candidate for each of those offices must be filed.
| 9 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
| 10 | | (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
| 11 | | Sec. 10-5.
All petitions for nomination shall,
besides | 12 | | containing the names of candidates, specify as to each:
| 13 | | 1. The office or offices to which such candidate or | 14 | | candidates shall
be nominated.
| 15 | | 2. The new political party, if any, represented, expressed | 16 | | in not more than 5
words. However, such party shall not bear | 17 | | the same name as, nor include
the name of any established | 18 | | political party as defined in this Article.
This prohibition | 19 | | does not preclude any established political party from
making | 20 | | nominations in those cases in which it is authorized to do so.
| 21 | | 3. The place of residence of any such candidate or | 22 | | candidates with
the street and number thereof, if any. In the | 23 | | case of electors for
President and Vice-President of the United | 24 | | States, the names of
candidates for President and | 25 | | Vice-President may be added to the party
name or appellation.
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| 1 | | Such certificate of nomination or nomination papers in | 2 | | addition shall
include as a part thereof, the oath required by | 3 | | Section 7-10.1 of this
Act and must include a statement of | 4 | | candidacy for each of the candidates named
therein, except | 5 | | candidates for electors for President and Vice-President
of the | 6 | | United States. Each such statement shall set out the address of
| 7 | | such candidate, the office for which he is a candidate, shall | 8 | | state that
the candidate is qualified for the office specified | 9 | | and has filed (or will
file before the close of the petition | 10 | | filing period) a
statement of economic interests as required by | 11 | | the Illinois Governmental
Ethics Act, shall request that the | 12 | | candidate's name be placed upon the
official ballot and shall | 13 | | be subscribed and sworn to by such candidate
before some | 14 | | officer authorized to take acknowledgments of deeds in this
| 15 | | State, and may be in substantially the following form:
| 16 | | State of Illinois)
| 17 | | ) SS.
| 18 | | County of........)
| 19 | | I,...., being first duly sworn, say that I reside at.... | 20 | | street, in
the city (or village) of.... in the county of.... | 21 | | State of Illinois;
and that I am a qualified voter therein; | 22 | | that I am a candidate for
election to the office of.... to be | 23 | | voted upon at the election to be
held on the.... day | 24 | | of....,.....; that I have not exceeded any limitation on the | 25 | | number of terms I may serve for this office; and that I am | 26 | | legally qualified
to hold such office and that I have filed (or |
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| 1 | | will file before the close
of the petition filing period) a | 2 | | statement of economic
interests as required by the Illinois | 3 | | Governmental Ethics Act, and I
hereby request that my name be | 4 | | printed upon the official ballot for
election to such office.
| 5 | | Signed.................
| 6 | | Subscribed and sworn to (or affirmed) before me by.... who | 7 | | is to me
personally known, this.... day of....,......
| 8 | | Signed.................
| 9 | | (Official Character)
| 10 | | (Seal, if officer has one.)
| 11 | | In addition, a new political party petition shall have | 12 | | attached thereto
a certificate stating the names and addresses | 13 | | of the party officers authorized
to fill vacancies in | 14 | | nomination pursuant to Section 10-11.
| 15 | | Nomination papers filed under this Section are not valid if | 16 | | the
candidate named therein fails to file a statement of | 17 | | economic interests
as required by the Illinois Governmental | 18 | | Ethics Act in relation to his
candidacy with the appropriate | 19 | | officer by the end of the period for the
filing of nomination | 20 | | papers unless he has filed a statement of economic
interests in | 21 | | relation to the same governmental unit with that officer
during | 22 | | the same calendar year as the year in which such nomination
| 23 | | papers were filed. If the nomination papers of any candidate | 24 | | and the
statement of economic interest of that candidate are | 25 | | not required to be
filed with the same officer, the candidate | 26 | | must file with the officer
with whom the nomination papers are |
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| 1 | | filed a receipt from the officer
with whom the statement of | 2 | | economic interests is filed showing the date
on which such | 3 | | statement was filed. Such receipt shall be so filed not
later | 4 | | than the last day on which nomination papers may be filed.
| 5 | | (Source: P.A. 84-551.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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